Could your parents avoid declaring interest if each gave you less than $10,000? Beail's opinion is that they could, as long as each took the money out of a separate account. However, if the total amount comes from one pot of money, then the IRS might well deem that one loan. One last point: Some mortgage lenders won't let you borrow money for a down payment, so check with yours before proceeding.

Q: At what point does it make sense to refinance? We have a 7/30 mortgage that we got at 8 percent with zero points. We've had the loan less than a year, but are considering refinancing with a 15-year fixed, or possibly another 7/30. What would the rates have to be before it makes sense to do this?

A: A 7/30 is a 30-year loan that guarantees a fixed rate only for the first seven years. Stanley Drake, president of Drake Mortgage in Bellevue, says it may make sense to refinance now - if you can refinance at no cost at an interest rate under 8 percent. "Even 1/8 of a percent might be worth it," Drake notes. Some mortgage lenders do offer no-cost deals.

If, however, the refi is going to cost you, Drake suggests asking your loan officer to figure your fees and new payment, then do a cost-benefit analysis to see how long it would take before the lower payment offsets the amount you spend refinancing. Example: If the refi costs $2,000 (for points, appraisal, credit check, etc.) and the lower rate on a 30-year loan drops your payment $20 a month, it will be two years before you see any benefit. Move soon after and the refi will have saved you nothing. A 15-year loan will require different figuring, and if you eventually refinance to pull equity from your home, that's a different consideration altogether. Lenders can run computer analyses that will let you see what makes the most sense for you.

Q: I own a condo. One of the other units is occupied by a renter who insists on feeding wild birds from her balcony. This has attracted hordes and their droppings are a huge maintenance problem. The owner says the tenant isn't violating the lease so nothing can be done. Is that true?

A: Attorney Gary Ackerman, of Foster Pepper & Shefelman, sees several possible remedies. First, while the tenant may not have violated her rental agreement (which probably doesn't prohibit feeding birds), she may be violating your condominium bylaws, or declaration, which would take precedence over her lease. The best possibility here is that the bylaws may prohibit nuisances. Arguably the bird situation described would qualify. If so, then the board of directors could demand the owner either make the tenant stop creating the nuisance or demand the owner terminate the lease because the bylaws have been violated. If the tenant balks, you may have to go to court for a ruling that bird feeding is a nuisance. Another possible remedy: Have the condo directors adopt a rule that prohibits residents from feeding wild birds and levies fines for noncompliance.

Yet another possibility: Adopt a rule stating that if a resident's behavior causes damage or maintenance costs, then the resident is responsible. While the tenant may still feed her winged friends, she will have to pay the price for cleanup. Where condos are concerned, Ackerman says it's legal for the building's directors to create new rules current renters must then follow; all other residents must follow them also.

Home Forum answers readers' questions every Sunday in the Home/Real Estate section. Send questions to Home Forum, Seattle Times, P.O. Box 70, Seattle, WA 98111, or call 464-8510 to leave your questions on Home Forum's recorded line. The e-mail address is erho-new@seatimes.com Sorry, no personal replies.